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Breach of Contract — LGBTQ+

Started by need_help_worker_question · May 1, 2022 · 3,838 views · 6 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NH
need_help_worker_question OP

Looking for advice on a legal issue. Here's what happened.

gym won't let me cancel membership. I've been dealing with this for about 14 weeks now and the situation isn't improving.

The contract was signed 18 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $91,000.

What are my legal options here? Is it worth pursuing?

ES
eComm_Seller_2022

I've dealt with this before.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

TF
TechStartup_Founder

I've dealt with this before.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

SA
seeking_advice_renter_help

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

TL
Mod_TermsLaw Moderator

I specialize in this area of law. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably UCC Article 2, which requires showing a material breach.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

FE
frustrated_employee_CA

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

GC
GymCancelVeteran

I successfully got out of a gym membership that they refused to cancel, so let me share the exact steps. This was with a major chain gym and they used every trick in the book to keep charging me.

First, know your state law. Over 30 states have specific statutes governing gym and health club memberships. Most of these laws require gyms to honor cancellations within a certain timeframe, provide written confirmation of cancellation, and stop billing within one or two billing cycles. Many also mandate a cooling-off period after signing (typically 3-5 business days) where you can cancel with a full refund regardless of the contract terms.

Second, send your cancellation in writing via certified mail with return receipt requested. Even if the gym says you have to cancel in person or over the phone, a written notice creates a paper trail. Keep the tracking number and delivery confirmation. This becomes critical evidence if they keep charging you.

Third, if they continue billing after your written cancellation, dispute the charges with your bank or credit card company. Explain that you canceled the service and the charges are unauthorized. Your bank can also place a block on the merchant to prevent future charges. If you paid via ACH or checking account, contact your bank about placing a stop payment and changing your account number if necessary.

Fourth, file a complaint with your state attorney general consumer protection division. Gyms that systematically make cancellation difficult are committing unfair business practices, and AG offices take these complaints seriously because they tend to affect many consumers at once. In my case, I also filed with the BBB and left reviews describing the difficulty. The gym refunded three months of charges within a week of receiving the AG complaint.